In light of the current juridical paradox that bases its security on a statist machine that
violates liberty, and even though continues to be considered a valid political theory, the
Spanish romanist Álvaro d’Ors explains the negative impact that the identification between
what is stately and what is public has on law. In this sense, the aforementioned
jurist states that one of the elements is, amongst others, the loss of the concept of exception
to the rule, the economizing of what is juridical, and the juridization of what is
political. In reference to this situation, I argue that the crisis of the law is due mainly
because of the State monopoly over the law, both being mutually legitimized in a never
ending circle called “State of Law”, in which law becomes a prisoner of the State, and the
State in turn needs the Law for its own legitimizing, which today consists of pure legality.